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COMMUNICATION  FROM  THE  ATTORNEY  GENERAL. 


Confederate  States  of  America,  ) 

Department  of  Justice,  \ 

Richmond,  March  13,  1863.      ) 
To  the  Speaker  of  the  House  of  Representatives : 

Sir  :   I  have  the  honor  to  in-close  my  reports  to  Congress  upon  cer- 
tain claims  which  have  been  filed  in  this  Department,  under  act  of  the 
Provisional   Congress,  No.  lot,  approved  30th  August,  1861       The 
reports  are  numbered,  respectively,  I,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11 
Duplicates  are  sent  to  the  Senate. 

Your  obedient  servant, 

T.  H.  WATTS, 
Attorney  General. 


(  No.  1 . ) 

p&rtmgnt  of  Justice,      ) 

Richmond,  Va.,  February  23,  1863.  J 

j  of  the  Ctmfdiratc  States  of  America  : 
The  claim  of  "William  Gregory  is  for  damages  done  to  liis  laud  by 
the  erection  of  fortifications  thereon,  by  orders  of  Confederate  Gene- 
ral-.    A  board  of  surrey  appointed  by  General  S  T.  Pettegrew  report 
image  at  six  hundred  and  fifty  dollars  ($650).     Five  hundred 
dolla,  |  of  this  damage  is  alleged  to  be  consequents.     How  this 

damage  arose  is  not  explained  by  the  report  or  by  other  evidence  before 
me.  I  do  sot  think  such  allowance  is  allowable.  In  such  a  case  as  this 
such  damage  would  not  be  allowed  in  a  suit  between  individuals,  and  I 
see  no  reason  why  the  Government  should  have  applied  to  it  a  different 
rule.  I  think  the  other  damage  should  be  paid  I  allow  in  this  ac- 
count one  hundred  and  fifty  dollars  ($150.) 

T.  II.  WATTS, 
Attorney  General. 


(No.  2.) 

Dkpartment  of  Justice,  ) 
February  23,  18G3.      \ 

CLAIM  OF  HORACE  MITCHELL. 
To  the  Congress  of  the  Confederate.  Stat<s  nf  America  : 

It  is  shown  that  the  negro  slave,  "  Monk,"'  was  impressed  by  order 
of  General  Magruder,  to  do  work  on  the  fortifications  in  the  Peninsula. 
While  there  engaged  the  negro  left,  and  the  presumtion  is  created 
that  he  went  to  the  Yankees.  It  is  not,  however,  made  clear  that  this 
is  so. 

At  the  time  this  negro  was  taken  by  order  of  the  Government,  there 
was  no  legal  authority  to  take  private  property  for  public  use.  The 
officer  who  took  the  negro,  therefore,  committed  a  tresspass  on  the 
rights  of  the  owner,  notwithstanding  such  officer  acted  in  obe- 
dionce  to  orders  received  from  the  General  commanding  the  Depart- 
ment. The  Government  could  not  give  any  legal  authority  to  seize 
such  property  in  the  absence  of  congres-ional  authority.  None  such 
existed.  But  the  Government,  in  such  cases,  ought  to  protect  its 
officers  acting  in  obedience  to  orders,  especially,  when  the  thing  used 
was  for  the  benefit  of  the  Government. 


3  /z™ 

The  Government,  for  the  purpose  of  this  argument,  must  be- sup- 
posed to  have  committed  the  trespass  on  the  property.  The  act  shows 
a  conversion  of  the  negro,  and  the  Government  is  responsible  for  his 
safe  return  to  the  owner.  Even  in  the  case  of  hiring  of  such  pro- 
perty, it  would  be  the  duty  of  the  bailee  to  return  the  property  at  the 
expiration  of  the  term  of  hiring — if  n6t  returned  the  only  excuse 
which  would  prevent  liability  for  the  failure  to  return  would  be  death, 
unmixed  with  neglect  on  the  part  of  the  hiring  bailee.  Certainly 
less  stringency  should  not  be  applied  when  the  property  was  seized 
without  the  consent  of  the  owner,  and  placed  in  the  public  works. 
The  owner,  if  the  case  was  between  individuals,  might  regard  the 
original  taking  as  a  conversion,  and  might  maintain  trover  for  the 
value  of  the  property  thus  taken.  I  think  the  owner  of  the  negro 
"  Monk,"  should  not  be  placed  in  a  worse  situation,  because  the  claim 
is  against  the  Government  for  the  damage.  The  Government  cannot 
be  sued  without  its  consent,  and,  for  this  reason,  ought  the  more 
readily  do  justice  to  its  citizens.  Besides  this,  the  order  issued  from 
the  Adjutant  General's  office,  pledges  the  Government  to  pay  for  ne- 
groes so  seized,  if  they  escape  to  the  enemy.  I  think  the  claim 
should  be  allowed  at  fifteen  hundred  dollars. 

T.  II.  WATTS, 
Attorney  General. 


(No.  3.) 

,  Department  of  Justice,  ) 

February  25,  18G2.       \ 

Claim  of  ff teen  hundred  dollars  for  s!(ivc  named  Co>p?r,  killed  by  bursting 

of  a  gun. 

To  the  Congress  of  the  Confederate  States  of  America  : 

CLAIM  OF  MRS.  F.  G.  BALDWIN. 

The  proof  shows  that  the  negro  came  to  his  death  by  the  bursting 
of  a  cannon,  on  which  experiments  were  making  near  Columbus, 
Miss.  The  negro  was  at  his  proper  place  of  business  at  the  time  of 
the  commencement  of  the  experiments,  and  took  all  prudent  precau- 
tions to  avoid  danger. 

The  authorities  of  the  Confederate  States  were  neglectful  in  making 
the  experiments  at  such  a  place.  The  owner  of  the  property  should 
not  suffer  the  loss  which  thus  accrued,  by  the  defective  construction 
of  ordnance  of  the  Confederate  States.  I  think  the  claim  ought  to 
be  allowed. 

T.  II.  WATTS, 
Attorney  General. 


4 

(No.  4.) 

Confederate  States  of  America,  \ 

Department  of  Justice,      \ 
Richmond,  March  7,  IS63.  )    ■ 
To  the  Congress  of  the  Confederate  States  of  America. 

Frederick  W.  Power  makes  claim  for  damages  done  by  Confederate 
States  Troops  whilst  in  the  occupation  of  his  farm,  in  the  County  of 
York,  and  State  of  Virginia.      The  items  are: 

1.  Sixty  acres  of  land  in  wheat  which  would  have  yielded 
seven  hundred  and  twenty  bushels  at  $1.25  per  bushel, 

2.  Seventy-five  acres  in  corn  at  an  average  of  four  barrels 
per  acre,  at  $3  per  barrel, 

3.  Ten  acres  in  oats,  at  fifteen  bushels  per  acre,  at  50  cents 
per  bushel, 

4.  Twenty  acres  in  clover,  valued  at, 

5.  Five  hundred  peach  trees,  valued  at, 

6.  Sixteen  hundred  and  fifty  panels  of  chesnut  fence, 

7.  Loss  of  hbgs  and  cattle. 

8.  Injury  to  farm  by  erection  of  fortifications, 

9.  Injury  to  houses  on  farm, 

$5,750  0Q 

After  assessment  of  damages,  as  stated  above,  had  been  made  by 
persons  solicited  on  the  part  of  the  government  and  the  claimant,  and 
had  been  approved  by  Major  Gen.  J.  B.  Magruder,  the  overseer's 
house,  the  negro  quarters,  the  smoke  house,  corn  house  and  kitchen, 
on  the  farm,  and  the  smoke  house,  stable  and  blacksmith  shop  in  York- 
town  were  torn  down ;  the  farm  houses  for  materials  with  which  to 
build  winter  quarters  for  our  troops,  and  the  houses  in  town  as  a  pro- 
tection to  our  troops;  and  the  damage  thus  done  is  estimated  at 
twenty-one  hundred  dollars,  $2,100  DO 

In  the  present  state  of  the  account,  and  of  the  evidence,  it  is  clear, 
that  the  charge  for  "  injury  to  houses  on  farm,"  $850,  should  be 
stricken  out  as  it  is  inconsistent  with  the  subsequent  charge  for  the 
whole  value  of  the  houses.  The  other  items  are  as  well  sustained  as 
a  case  ca.n  be  by  general  and  ex  parte  testimony,  and  I  allow  the  ac- 
count after  deducting  the  eight  hundred  and  fifty  dollars.  The  amount 
allowed  is,  therefore,  seven  thousand  dollars,  $7000  00 

T.  II.  WATTS, 
Attorney  General. 


$900 

00 

900 

00 

75 

00 

200 

00 

125 

00 

1,650 

00 

550 

00 

500 

00 

850 

00 

(No.  5.) 

Confederate  States  of  America,  } 

Department  of  Justice,      \ 
Richmond,  March  9,  1863.  ) 
To  the  Congress  of  the  Confederate  States: 

John  G.  Jefferson,  a  citizen   of  Amelia  county,  Va.,   has  filed  in 
this  department  a  claim  for  sixteen  hundred  and  six  dollars.     The 


items  are    as  follows,  and  the  venue,  his  farm  in  Greenbrier  county, 
Virginia. 

1.  To  45  acres  of  corn,  22  bushels  per  acre,  990  bushels, 
at  50  cents,  per  bushel, 

2.  5  acres  of  buckwheat,  30  bushels  per  acre, 

3.  800  acres  of  oats  in  the  sheaf  at  30  cents, 

4.  2  hay  stacks,  $7.50  each, 

5.  Corn  fodder  of  45  acres, 

6.  10  bushels  of  potatoes  50  cents, 

7.  9  "  head  of  hogs,"  $6  per  head, 

8.  5         "     "       "       $2.50, 

9.  3         "     "       "       $1.50, 

10.  2  beef  cattle  contracted  for  and  unpaid,  $35  each, 

11.  Pasture  of  one  hundred  acres, 

12.  5  axes  and  helves, 

13.  600  pannels  of  plank' fence  at  50  cents,  a  pannel, 

14.  3  100  feet  plank  at  saw  mill, 

15.  Damage  done  rail  fencing, 

$1,606  00 

The  assessment  was  made  by  a  citizen  chosen  on  the  part  of  claim- 
ant, and  of  one  Mr.  Callison,  (who,  according  to  the  statement  of  Jef- 
ferson, had  an  interest  in  the  profits,)  and  by  an  officer  of  the  Wise 
Legion. 

The  case  is  clearly  made  out,  unless  the  assessment  be  rejected ; 
but  as  I  see  no  reason  for  such  rejection,  I  allow  the  whole  account. 
I  may  remark,  however,  that  it  does  not  appear  why  the  tenth  item, 
"  two  beef  cattle  contracted  for  and  unpaid.  $35  each,"  cannot  be  paid 
in  the  usual  way  •  but  as  the  amount  is  a  small  one,  and  there  may  be, 
and  probably  is,  some  good  reason  why  it  cannot  be,  I  have  thought 
it  best  not  to  exclude  it. 

T.  II.  WATTS, 
Attorney  General. 


$495 

00 

75 

00 

240 

00 

15 

00 

100 

00 

5 

00 

54 

oo 

12 

50 

4 

50 

70 

00 

150 

00 

5 

00 

300 

00 

40 

00 

40 

00 

(No.  6.) 

Confederate  States  of  America,  ^ 

Department  of  Justice,       > 

Richmond,  March  9,  1S63.  ) 

To  the  Congress  of  the  Confederate  States  of  America: 

Elisha  Hundley,  of  Charlotte  Courthouse,  in  the  State  of  Virginia, 
has  tiled  his  claim  in  this  department  for  thirteen  hundred  and  fifty- 
five  dollars.  It  appears  from  the  testimony  filed  with  the  claim,  that 
a  slave  named  Robert  belonging  to  said  Hundley  was  impressed  by 
an  agent  of  the  government,  and  whilst  being  transported  to  Rich- 


'.  on  the  Richmond  and  Danville  Railroad,  was  killed  by  the  cars 
running  off  the  track.  It  further  appears  that  the  slave  was  worth 
thirteen  hundred  and  fifty  dollars,  and  that  his  owner  paid  five  dollars 
for  his  burial  expenses.  The  agent  of  the  government  being  a  mere 
tresspasser  in  taking  the  negro  without  the  owners  consent,  should 
pay  him  the  value,  and  also  the  amount  of  necessary  burial  expi 
J  have  therefore  to  report  that  his  claim  for  thirteen  hundred  and  fifty- 
five  ilolla  rained  by  the  evidence,  and  is  allowed.  1  may  add 
that  the  liability  of  the  railroad  to  pay  for  the  damage  done  is  a  ques- 
tion apart  from  the  liability  of  the  government  to  the  owner. 

T.    11.    WATTS, 
Attorney  Gi /and. 


(No.  7.) 

Confederate  States  ok  America,  ) 

Department  of  Justice.      > 

Richmond,  March  Ml,  1863.  ) 

To  the  Congress  e>f  the  Confederate  Stat(s: 

JOHN  fcURNAM,  OF  BOWLING  GREEN,  KENTUCKY. 

This  is  a  claim  for  damage  to  land  situated  near  Bowling  Green, 
Ky.  The  damage  was  done  by  the  troops  under  General  Hardee's 
command,  about  the  first  of  February,  1862.  The  testimony  filed 
with  the  claim  sustains  it  to  the  extent  of  one  thousand  dollars.  The 
survey  of  the  damage  was  made  by  oiheers  appointed  for  that  purpose. 
The  return  of  these  officers  has  been  lost.  The  proof  accounts  for 
the  loss,  and  establishes  that  the  damage  was  between  one  thousand 
and  fourteen  hundred  dollars.  On  the  principle  stated  in  letter  to 
Secretary  of  War,  Oct.  17,  1862,  on  such  claims,  I  think  the  govern- 
ment resj  onsible  for  the  damage  done.  As  it  was  the  duty  of  the 
party  claiming  to  show  the  amount  of  damage,  and  he  shows  w  to  be 
between  one  thousand  and  fourteen  hundred  dollars,  but  not  showing 
precisely  what  amount,  only  one  thousand  can  be  allow  3d. 

T.    11.   WATTS, 
Attorney  (>,  m  ral. 


(No.  9.) 

Confederate  States  of  America,  ) 

Department  of  Justice,      \ 

Richmond,  Va.,  March  It),  1863.  ) 

CLAIIf  OF   W.  S.  COWARDIN.- 

This  is  a  claim  for  cutting  down  a  grove  of  about  eight  acres,  near 
the  city  of  Richmond,  by  order  of  Colonel  Rhett,  commanding  Rich- 


mond  defences.  The  claim  is  well  sustained  by  the  evidence,  which 
shows  ihat  the  claimant  should  be  paid  twelve  hundred  and  fifty  dol- 
lars ($1,250,)  and  I  allow  his  claim,  therefore,  for  that  amount. 

T.  II.  WATTS, 

Attorney  General. 


(No.  10.) 

Confederate  States  of  America,  ) 

TJepartmi    '  <  '  /«,  tice,      > 
Richmond,  March  13,  1863.  ) 
To  the  Congress  of  the  C<nfederate  States: 

The  estate  of  Richard  Raw  lings,  deceased  ;  claims   twelve  bund  ed 
dollars  for  damages  done  to   two   buildings  belonging  thereto,  by  the 
cavalry  under  command  of   Colonel  T.  L.  Rosser.     The   claim  if 
tablished  by  the  witnesses,  and  is  approved  by  Colonel  Rosser;   and  I 
allow  it. 

T.  II.  WA1 
Attorney  Uuxeral. 


(No.  11.) 

Confederate  States  of  America,  } 

Department  of  Justice,      \ 
Richmond,  March  11,  1863.  S 

To   the    Congress   of   the   Con f  derate    States: 

William  R.  Ashton,  of  Henrico  county,  Va.,  claims  as  trustee  for 
bis  wife,  Isabella  Ashton,  forty-five  hundred  and  fifty-five  dollars  and 
fifty  centy,  ($4,555  50,)  for  damages  done  by  Confederal e  States' 
troops,  whilst  in  the  occupancy  of  a  farm  on  the  Mechanicsville  road, 
about  four  miles  from  Richmond;  held  and  owned  by  s-aid  Ashton  as 
trustee,  as  aforesaid.  The  account  is  a  long  one  and  includes  almost 
every  item  that  could  originate  in  the  occupation  and  waste  of  a  small 
farm,  used  for  the  making  of  supplies  for  a  city  market.  The  testi- 
mony offered  by  the  claimant  establishes  the  claim  which  is  made;  as 
may  indeed  be  the  case  in  every  ex  parte  case.  Neither  the  character 
nor  judgment  of  the  witnesses  is  known  to  me,  and  my  opinion  is 
that  if  claims  like  this  one  are  paid,  without  the  investigation  which 
only  a  court  can  give,  no  system  of  finance  will  ever  be  alle  to  meet 
the  demands  upon  the  treasury.  ' 

I  am  induced  to  make  these  remarks  by  the  amount  paid  to  the 
claimant  by  Captain  Morris,  A.  Q.  M.,  after  the  claim  was  filed  in 
this  department.  The  account  filed  in  this  department  claims  for  the 
use  of  "  seven  acres  first  crop  clover,  at  fifty  dollars  per   acre,  three 


8 

hundred  and  fifty  dollars."  "  Crop  of  clover  and  second  crop,  one 
hundred  doll.  In  the  account  paid  by  the  assistant  quar- 

termaster, the  item  is  found,  "to  seven  acres  of  clover  taken  and  used 
by  th  bates  army,  twenty  dollars  per  acre,  one  hundred 

and  forty  dollars.'1  Of  the  three  other  items  paid  for  by  the  assistant 
quartermaster,  two  of  them  agree  with  the  amounts  charged  in  the 
mt  filed  in  this  department  by  the  claimant,  viz:  "To  one  and  a 
half  stacks  of  old  straw  taken  and  used  by  the  Confederate  States' 
army,  for  twenty  dollars  f1  and  to  farm  fencing,  and  yard  and  garden 
enclosure  taken  and  used  as  fire  wood,  by  Confederate  States*  army, 
eight  hundred  and  seventy-five  panels  at  ot  one  dollar  per  panel,  eight 
hun  Ired  and  seventy-five  dollars.  The  other  item  in  the  account  as 
paid,  ten  acres  of  wheat  taken   and   used   by  the   Confederate 

States*  army,  at  twenty  dollars  per  acre,  two  hundred  dollars;"'  whilst 
in  the  account  filed  in  this  department  it  is,  '"crop  of  ten  acres  wheat, 
three  hundred  dollars,  ($300.  ')  The  amount  paid  by  the  assistant 
quartermaster,  twelve  hundred  and  thirty-five  dollars,  being  deducted 
from  the  amount  originally  claimed,  viz:  Five  thousand  seven  hun- 
dred and  ninety  dollars  and  fifty  cents,  ($5,790  5  >,)  leaves  amouut 
now  claimed,  viz:  Bour  thousand  five  hundred  and  fifty-five  dollars 
and  fifty  cents,  ($4,555  5U  )  I  feel  constrained  to  advise  that  this 
claim  be  not  allowed, and  that  the  party  be  left  to  the  Court  of  Claims 
when  established. 

T.  II.  WATTS, 
Attorney  General. 


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